CONTENTS June 2015
I. EXECUTIVE ORDERS
BJ 15-08 Marriage and Conscience Order 1041
II. POLICY AND PROCEDURE MEMORANDA
Governor
Division of Administration, Office of State Procurement¾PPM 49¾General Travel (LAC 4:V.Chapter 15) 1043
III. EMERGENCY RULES
Children and Family Services
Child Welfare Section¾Guardianship Subsidy Program (LAC 67:V.4101 and 4103) 1057
Governor
Committee on Parole¾Ameliorative Penalty Consideration (LAC 22:XI.Chapter 8) 1060
Health and Hospitals
Board of Pharmacy¾Compounding for Office Use for Veterinarians (LAC 46:LIII.2535) 1061
Electronic Signature on Facsimile Prescription (LAC 46:LIII.2511) 1062
Bureau of Health Services Financing¾Case Management¾Licensing Standards (LAC 48:I.4929) 1062
Disproportionate Share Hospital Payments¾Mental Health Emergency Room Extensions
(LAC 50:V.2711) 1064
Early and Periodic Screening, Diagnosis and Treatment¾School-Based Nursing Services
(LAC 50:XV.9501) 1063
Inpatient Hospital Services¾Non-Rural, Non-State Hospitals¾Termination of Additional Payments for
Hemophilia Blood Products (LAC 50:V.965) 1064
Inpatient Hospital Services¾Public-Private Partnerships¾Reimbursement Methodology (LAC 50:V.1703) 1065
Inpatient Hospital Services¾Public-Private Partnerships¾Supplemental Payments
(LAC 50:V.Chapter 17) 1066
Medicaid Eligibility¾Louisiana Health Insurance Premium Payment Program (LAC 50:III.2311) 1067
Nursing Facilities¾Standards for Payment¾Level of Care Determinations (LAC 50:II.10156) 1067
Outpatient Hospital Services¾Public-Private Partnerships¾Supplemental Payments
(LAC 50:V.Chapter 67) 1068
Pharmacy Benefits Management Program¾State Supplemental Rebate Agreement Program
(LAC 50:XXIX.Chapter 11) 1069
Psychiatric Residential Treatment Facilities¾Licensing Standards (LAC 48:I.Chapter 90) 1070
Targeted Case Management¾Foster Care and Family Support Worker Services
(LAC 50:XV.Chapter 115) 1072
Targeted Case Management¾Reimbursement Methodology (LAC 50:XV.10701) 1074
Therapeutic Group Homes¾Licensing Standards (LAC 48:I.Chapter 62) 1075
Office for Citizens with Developmental Disabilities¾Certification of Medication Attendants
(LAC 48:IX.Chapter 9) 1077
Office of Aging and Adult Services¾Nursing Facilities—Standards for Payment
Level of Care Determinations (LAC 50:II.10156) 1067
Wildlife and Fisheries
Wildlife and Fisheries Commission¾Recreational and Commercial Fisheries Reopenings 1079
IV. RULES
Civil Service
Board of Tax Appeals¾Tax Appeals¾Revenue Department and Local Sales Tax Disputes
(LAC 69:I.Chapters 1-11) 1080
Economic Development
Office of Business Development¾Quality Jobs Program (LAC 13:I.1107) 1084
This public document was published at a total cost of $1,400. Two hundred fifty copies of this public document were published in this monthly printing at a cost of $1,400. The total cost of all printings of this document including reprints is $1,400. This document was published by Moran Printing, Inc. 5425 Florida Boulevard, Baton Rouge, LA 70806, as a service to the state agencies in keeping them cognizant of the new rules and regulations under the authority of R.S. 49:950-971 and R.S. 49:981-999. This material was printed in accordance with standards for printing by
state agencies established pursuant to R.S. 43:31. Printing of this material was purchased in accordance with the provisions of Title 43 of the
Louisiana Revised Statutes.
The Office of the State Register provides auxiliary aids for the Louisiana Register for visually impaired individuals. By appointment, oral
presentation of the Louisiana Register is available at the Office of the State Register, or an audio cd of requested sections of the Louisiana Register can be provided for the production cost incurred. For more information contact the Office of the State Register.
Health and Hospitals
Board of Nursing¾Licensure by Endorsement (LAC 46:XLVII.3327) 1085
Bureau of Health Services Financing¾Adult Residential Care Providers Licensing Standards
(LAC 48:I.Chapters 68 and 88) 1086
Medicaid Eligibility¾Provisional Medicaid Program (LAC 50:III.2305) 1118
Professional Services Program¾Physician Services¾Reimbursement Rate Adjustment
(LAC 50:IX.15113) 1119
Louisiana State University and Agricultural and Mechanical College
Office of Procurement and Property Management¾Public Notification and Right to Audit
(LAC 34:XIII.511 and 1902) 1119
Natural Resources
Office of Conservation¾Plug and Abandonment of Oil and Gas Wells, Financial Security,
Utility Review Status (LAC 43:XIX.Chapter 1) 1120
Transportation and Development
Professional Engineering and Land Surveying Board¾Experience Credit for Graduate-Level Engineering
Degree (LAC 46:LXI.1503) 1122
Wildlife and Fisheries
Wildlife and Fisheries Commission¾Deer Management Assistance Program (DMAP) (LAC 76:V.111) 1123
Port Eads Possession Limit (LAC 76:VII.383) 1123
V. NOTICE OF INTENT
Environmental Quality
Office of the Secretary, Legal Division¾Dissolved Oxygen Criteria Revisions for Eastern Lower Mississippi
River Alluvial Plains (LMRAP) Ecoregion (LAC 33:IX.1123)(WQ091) 1125
Emission Offsets (LAC 33:III.504)(AQ354) 1130
Emission Reduction Credits (ERC) Banking Program (LAC 33:III.603)(AQ353) 1132
Governor
Board of Certified Public Accountants¾Maintenance of Competency and Continuing Professional Education
(CPE) (LAC 46:XIX.Chapter 13) 1133
Committee on Parole¾Ameliorative Penalty Consideration (LAC 22:XI.Chapter 8) 1138
Health and Hospitals
Board of Examiners in Dietetics and Nutrition¾Registered Dietitians/Nutritionists
(LAC 46:LXIX.Chapters 1-5) 1139
Board of Veterinary Medicine¾License Procedures (LAC 46:LXXXV.303) 1147
Bureau of Health Services Financing¾Managed Care for Physical and Basic Behavioral Health
Timely Filing of Claims (LAC 50:I.3511) 1150
Targeted Case Management¾Foster Care and Family Support Worker Services
(LAC 50:XV.Chapter 115) 1151
Public Safety and Corrections
Corrections Services¾Offender Visitation (LAC 22:I.316) 1153
Office of State Police, Transportation and Environmental Safety Section¾Underground Utilities
Committee (LAC 55:I.2101) 1161
VI. POTPOURRI
Environmental Quality
Office of Environmental Services, Air Permits Division¾Baton Rouge Nonattainment Area Redesignation
Request and 2008 8-hour ozone National Ambient Air Quality Standard Maintenance Plan 1163
Office of the Secretary, Legal Division¾Louisiana Water Quality Management Plan
Volume 4: Basin and Subsegment Boundaries 1163
Governor
Coastal Protection and Restoration Authority¾Proposed RESTORE Act Multiyear Implementation and
Expenditure Plan 1164
Health and Hospitals
Bureau of Health Services Financing¾Substantive Changes and Public Hearing Notification
Behavioral Health Services Providers¾Licensing Standards (LAC 48:I.Chapters 56-57 and 74 and
LAC 48:III.Chapter 5) 1164
Office of Public Health, Bureau of Family Health¾Public Notice¾Title V MCH Block Grant 1165
Insurance
Office of Health Insurance¾Annual HIPPA Assessment Rate 1165
Workforce Commission
Rehabilitation Services¾Substantive Changes and Public Hearing Notification
Vocational Rehabilitation Program (LAC 67:VII.115 and 519) 1165
VII. INDEX 1167
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Louisiana Register Vol. 41, No. 06 June 20, 2015
Executive Orders
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Louisiana Register Vol. 41, No. 06 June 20, 2015
EXECUTIVE ORDER BJ 15-08
Marriage and Conscience Order
WHEREAS, Article I, Section 1 of the Louisiana Constitution is titled “Origin and Purpose of Government”, and provides:
All government, of right, originates with the people, is founded on their will alone, and is instituted to protect the rights of the individual and for the good of the whole. Its only legitimate ends are to secure justice for all, preserve peace, protect the rights, and promote the happiness and general welfare of the people. The rights enumerated in this Article are inalienable by the state and shall be preserved inviolate by the state.
WHEREAS, in 1974, the people of the State of Louisiana chose to adopt the exact language found in the First Amendment of the Constitution of the United States of America regarding religious free exercise as Article 1, Section 8 of the Constitution of Louisiana:
No law shall be enacted respecting an establishment of religion or prohibiting the free exercise thereof.
WHEREAS, in 2010, the Governor made part of his legislative package and signed into law the Preservation of Religious Freedom Act to further protect the free exercise of religion by making clear:
Government shall not substantially burden a person's exercise of religion, even if the burden results from a facially neutral rule or a rule of general applicability, unless it demonstrates that application of the burden to the person is both:
(1) In furtherance of a compelling governmental interest.
(2) The least restrictive means of furthering that compelling governmental interest.
WHEREAS, the federal Religious Freedom Restoration Act contains virtually identical language to prohibit the federal government from imposing a substantial burden upon a person’s exercise of religion absent a compelling governmental interest and a showing that the action taken is the least restrictive means of furthering that compelling governmental interest;
WHEREAS, in June, 2014, the United States Supreme Court, in Burwell v. Hobby Lobby Stores, Inc., 134 S.Ct. 2751 (2014), expressly held that the federal Religious Freedom Restoration Act of 1993 prohibits the federal government from requiring a “person” to act in contravention of a sincerely held religious belief, and that the definition of “person” includes individuals, non-profit, or for-profit corporations;
WHEREAS, federal and state law each contain nearly identical, expansive definitions of “person”, while the Preservation of Religious Freedom Act’s definition includes certain terms, but does not exclude the more expansive state law definition:
“Person” is defined by La. R.S. 1:10: “Unless it is otherwise clearly indicated, the word ‘person’ includes a body of persons, whether incorporated or not.”
“Person” is defined in 1 USC 1: “In determining the meaning of any Act of Congress, unless the context indicates otherwise—…the words ‘person’ and ‘whoever’ include corporations, companies, associations, firms, partnerships, societies, and joint stock companies, as well as individuals;…”
“A person” is defined in La. R.S. 13:5234: “‘A person’ includes an individual and also includes a church, association of churches or other religious order, body or institution which qualifies for exemption from taxation under Section 501(c)(3) or (d) of the Internal Revenue Code of 1986 (Public law 99-514, 26 U.S.C. Section 501).” (Emphasis added.)
WHEREAS, it is of preeminent importance that government take no adverse action against a person, wholly or partially, on the basis that such person acts in accordance with his religious belief that marriage is or should be recognized as the union of one man and one woman, but that this principle not be construed to authorize any act of discrimination.
WHEREAS, specifically, government should take no adverse action to:
1. Deny or revoke an exemption from taxation pursuant to La. R.S. 47:287.501 of the person who is acting in accordance with his religious belief;
2. Disallow a deduction for state tax purposes of any charitable contribution made to or by such person;
3. Deny or exclude such person from receiving any state grant, contract, cooperative agreement, loan, professional license, certification, accreditation, employment, or other similar position or status; or
4. Deny or withhold from such person any benefit under a state benefit program;
WHEREAS, the state should consider any person who would be accredited, licensed, or certified but for a determination against such person on the basis that the person acts in accordance with his own religious belief about the institution of marriage, to be accredited, licensed, or certified for purposes of Louisiana law.
NOW THEREFORE, I, BOBBY JINDAL, Governor of the State of Louisiana, by virtue of the authority vested by the Constitution and the laws of the State of Louisiana, do hereby order and direct as follows:
SECTION 1: All departments, commissions, boards, agencies, and political subdivisions of the state are authorized and directed to take cognizance of the definition of “person” contained in La. R.S. 1:10 when complying with the Preservation of Religious Freedom Act (La. R.S. 13:5230-5242), the interpretation of the virtually identical federal law definition contained in 1 USC 1 by the United States Supreme Court in Burwell v. Hobby Lobby in its holding that the federal government is prohibited from requiring a “person” to act in contravention of a sincerely held religious belief, and that the definition of “person” includes individuals, non-profit, or for-profit corporations.
SECTION 2: All departments, commissions, boards, agencies, and political subdivisions of the state are authorized and directed to comply with the restrictions placed upon government action in the Preservation of Religious Freedom Act and, including more specifically, on the basis that such person acts in accordance with his religious belief that marriage is or should be recognized as the union of one man and one woman, shall take no adverse action to:
A. Deny or revoke an exemption from taxation pursuant to La. R.S. 47:287.501 of the person who is acting in accordance with his religious belief.
B. Disallow a deduction for state tax purposes of any charitable contribution made to or by such person.
C. Deny or exclude such person from receiving any state grant, contract, cooperative agreement, loan, professional license, certification, accreditation, employment, or other similar position or status.
D. Deny or withhold from such person any benefit under a state benefit program.
E. Deny, revoke, or suspend the accreditation, licensing, or certification of any person that would be accredited, licensed, or certified for purposes of Louisiana law but-for a determination against such person on the basis that the person acts in accordance with his own religious belief.
SECTION 3: All departments, commissions, boards, agencies, and political subdivisions of the state are authorized and directed to cooperate with the implementations of the provisions of this Order.
SECTION 4: This Order is effective upon signature and shall remain in effect until amended, modified, terminated or rescinded.
IN WITNESS WHEREOF, I have set my hand officially and caused to be affixed the Great Seal of Louisiana, at the Capitol, in the city of Baton Rouge, on this 19th day of May, 2015.
Bobby Jindal
Governor
ATTEST BY
THE GOVERNOR
Tom Schedler
Secretary of State
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Policy and Procedure Memoranda
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Louisiana Register Vol. 41, No. 06 June 20, 2015
POLICY AND PROCEDURE MEMORANDA
Office of the Governor
Division of Administration
Office of State Procurement
PPM 49¾General Travel (LAC 4:V.Chapter 15)
The following shows the amended text in PPM-49. This supersedes all prior issues of PPM-49 published in the Louisiana Register. This revised PPM-49 also supersedes and replaces PPM-49 which is designated as
LAC 4:V.Chapter 15.
Title 4
ADMINISTRATION
Part V. Policy and Procedure Memoranda
Chapter 15. General Travel Regulations―PPM Number 49
§1501. Authorization and Legal Basis
A. In accordance with the authority vested in the Commissioner of Administration by Section 231 of Title 39 of the Revised Statutes of 1950 and in accordance with the provisions of the Administrative Procedure Act, R.S. 49:950-968 as amended, notice is hereby given of the revision of Policy and Procedures Memorandum No. 49, the state general travel regulations, effective July 1, 2015. These amendments are both technical and substantive in nature and are intended to clarify certain portions of the previous regulations or provide for more efficient administration of travel policies. These regulations apply to all state departments, boards and commissions created by the legislature or executive order and operating from funds appropriated, dedicated, or self-sustaining; federal funds; or funds generated from any other source.